New direction questionnaire from a stayed case in March 2020!!

Debunked

Thanks @Coupon-mad I will do that. Just wondered when the hearing does come round can i talk about any new things. E.g. Reform of parking fines etc. Or do I have to stick to mine and claimants defence and ws?

Coupon-mad

You can talk about the new Code of Practice, as long as you know that it is withdrawn at the moment for a final Public Consultation about the money. Read the top thread. Get up to speed if you were not. The greedy moneymen blocked it.

Come back and do the Public Consultation of course...we will be, and we need high numbers!

Debunked

Hello all, received this today. It is an order dated from the date that my last hearing was cancelled. Please can someone explain why they don't seem to have taken my evidence into consideration? And also why they cancelled a hearing, only to hear the case in my absence without letting me know? All the hard work has been for nothing if this is the case.
Thanks in advance 

Johnersh

Well the hearing clearly wasn't adjourned as advised, but it preceded without you and you were told the wrong thing. Simple. 

Orders are often made after a "no show" but... 

1. If there was no contact number on court file that is NOT the same as a non attendance. All you have to do to attend court is turn up. In contrast there is literally no way you can join an MS Teams call unless you are provided with a link or if by phone, you are contacted. 

2. You were informed it would be adjourned.

3. It is usually for the represented claimant to make the arrangements. The no show by both parties suggests that they failed in their obligation. 

Time to write to the court, no? 

Coupon-mad

Email the court immediately to raise a formal complaint, explaining what you were told by the court. State that the Order should be set aside given the facts, and a new hearing set.

Debunked

Hello all, so an update on my saga continues. After receiving the order in favour of Premier Park. I emailed Luton twice and received no reply so I travelled to the justice centre and asked to speak to someone about this. I was informed a mistake had indeed been made and the 'new girl' who cancelled the hearing with myself and PP,  forgot to delete it from the list of cases that day! So it was heard and acting on by a judge. 
So I left the court being reassured that the dead case would be opened again and a new date be set for hearing.
Today I received another order saying that I need to apply for the order to be set aside/vary? After doing some research it seems I have to pay for this privilege. Is this correct?
This whole thing is being dragged around under a truck of manure that is the county justice system, the one that I have encountered anyway. Mistake after mistake compounded by incompetence, and lack of communication.
If I had known what I know now, back at the start I would have paid the fine and been done with it the amount of letters I have had from the court. 
Sorry for going off topic, so anyway how do I apply for this order to be changed and do I have to pay?
Thanks for your help as always. 

KeithP

That's interesting.
I wonder what those words "if so advised" mean on the end of that sentence?

Does it mean that the Defendant doesn't need to do anything at the moment while the Court thinks about it, and later perhaps the Court will advise the Defendant to either pay a fee or not?

Debunked

Oh ok so maybe I shall wait to hear from the court again. Is this letter just an official way of saying they are dealing with it.....? I Hope I've got that right. 
I've technically been put on hold, cue the lovely waiting room music! 😂

Jenni_D

If it was me I'd reply to the court and advise them that you'll make an application if that helps things procedurally, but there's absolutely no way at all that you'll pay for the application given that the whole debacle resulted from a failing by the court.

Coupon-mad

I'd definitely respond this week, stating that you were not 'so advised' because the fact the hearing went ahead was a clear and admitted error by court staff.

You could attach a completed N244 to speed it along but state that there can be no fee payable by the affected party, given the Order arose as a direct result of an administrative error by the court and the Defendant was at all times absolutely ready to attend a hearing but was informed by the court that it had been vacated.

Address your email to the court manager.

@Grizebeck might have suggested wording.

@Johnersh (our solicitor poster) may have something to add to this as IANAL.